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HomeMy WebLinkAboutReso - CC - 066-2008RESOLUTION NO. 66-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF MIMI SIEN AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 25, 2008, DENIAL WITHOUT PREJUDICE OF THE APPLICATION FOR AMENDMENT TO DESIGN REVIEW FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION AT 3066 HILLSIDE DRIVE, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT WHEREAS, on February 25, 2008, the Planning Commission denied without prejudice an amendment to Design Review, related to as -built changes to previously approved first and second story additions to a single-family residence located at 3066 Hillside Drive (APN: 027- 061-020), and owned by Mimi Sien, 3066 Hillside Drive, Burlingame, California; and WHEREAS, the Planning Commission's February 25, 2008 denial without prejudice was appealed by Mimi Sien, and the City Council conducted a public hearing on the appeal on May 5, 2008; denying the appeal and upholding the Planning Commission's denial without prejudice. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: The City Council finds that the appellant's appeal is without merit, given the focus of the appeal (identifying that they feel that the Planning Commission's "demand cannot be met"). The applicant has not worked cooperatively with the Commission to arrive at an agreeable solution concerning the amount of paving in the front yard area, as determined by the Planning Commission on February 25, 2008. The Commission itself suggested possible solutions to the unacceptable amount of hardscape, but the appellant has refused to consider those suggestions or to retain professionals who might be able to work with the suggestions or to provide alternatives. The Commission has reluctantly accepted numerous changes that were made to an approved project by the applicant without Commission approval, but the hardscape unnecessarily imposes on the neighborhood and diminishes the design of the home to such a point that the Commission would never have approved such a project in the inception. The City Council hereby denies the appeal and affirms the Planning Commission's February 25, 2008 denial without prejudice of the application for Amendment to Design Review for 3066 Hillside Drive, based upon the Commission's findings that the applicant has not worked cooperatively with the Commission to arrive at an agreeable solution concerning the unacceptable and excessive amount of paving in the front yard area. Findings for the City Council's action are as set forth in the minutes and recording of the City Council meeting of May 5, 2008. The Planning Commission's conditions of approval of the original project, absent the amendment requested by the applicant, and including additional conditioning by the City Council on May 5, 2008, are as set forth in Exhibit "A" attached hereto. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. i Mayor I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoingq resolution was introduced and adopted at a regular meeting of the City Council held on the 5` day of May, 2008 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Baylock, Deal, Keighran, O'Mahony Nagel ABSENT: COUNCILMEMBERS: None ity Clerk 2 EXHIBIT A CONDITIONS OF APPROVAL 3066 Hillside Drive that the project shall be built as shown on the plans submitted to the Planning Department date stamped October 25, 2007, site plan and proposed elevations; and date stamped July 11, 2006, floor plans, roof plan, existing elevations, site section, and topographic survey and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; and that all windows shall be simulated true divided light windows with three dimensional wood mullions; that the boundary of the driveway shall be restored back to what existed originally on the property. The applicant shall remove concrete to the that upon the completion of the construction and prior to approval of the final inspection, Planning Division staff shall provide an FYI to the Planning Commission summarizing the final construction; 4. that the applicant shall retain the original front porch without a clear -story, triangular window over the front door; 5. that the conditions of the City Engineer's, Chief Building Official's, Recycling Specialist's, Fire Marshal's and NPDES Coordinator's April 24, 2006 memos, and the City Arborist's April 26, 2006 memo shall be met; 6. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 7. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 8. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 9. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 10. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 11. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 13. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; and 14. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance. 4 Recording Requested by: Doris J. Mortensen, City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 When Recorded Mail to: Doris J. Mortensen, City Clerk City of Burlingame 501 Primrose Road Burlingame. CA 94010 2008-089869 11:34am 08/05/08 R1 Fee: NO FEE Count of pages 5 Recorded in Official Records County of San Mateo Warren Slocum 11111111111 IIIII IIIII IIIII IIIII IIIII Assessor -County 2 0 0 8 0 0 8 IIAVIII VIII VIII 111111 llilll II IIII THIS SPACE FOR RECORDER'S USE ONLY RECEIVED AUG 15 2008 CITY 0� URLINGAME TITLE OF DOCUMENT: RESOLUTION 66-2008 DENYING APPEAL OF MIMI SIEN AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 25, 2008 DENIAL WITHOUT PREJUDICE OF THE APPLICATION FOR AMENDMENT TO DESIGN REVIEW FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION AT 3066 HILLSIDE DRIVE ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE, IN BURLINGAME APN: 027-061-020 Owner: MIMI SIEN G. tf4 L RESOLUTION NO. 66-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF MIMI SIEN AND UPHOLDING THE PLANNING COMMISSION'S FEBRUARY 25, 2008, DENIAL WITHOUT PREJUDICE OF THE APPLICATION FOR AMENDMENT TO DESIGN REVIEW FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION AT 3066 HILLSIDE DRIVE, ON PROPERTY SITUATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT WHEREAS, on February 25, 2008, the Planning Commission denied without prejudice an amendment to Design Review, related to as -built changes to previously approved first and second story additions to a single-family residence located at 3066 Hillside Drive (APN: 027- 061-020), and owned by Mimi Sien, 3066 Hillside Drive, Burlingame, California; and WHEREAS, the Planning Commission's February 25, 2008 denial without prejudice was appealed by Mimi Sian, and the City Council conducted a public hearing on the appeal on May 5, 2008; denying the appeal and upholding the Planning Commission's denial without prejudice. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: The City Council finds that the appellant's appeal is without merit, given the focus of the appeal (identifying that they feel that the Planning Commission's "demand cannot be met"). The applicant has not worked cooperatively with the Commission to arrive at an agreeable solution concerning the amount of paving in the front yard area, as determined by the Planning Commission on February 25, 2008. The Commission itself suggested possible solutions to the unacceptable amount of hardscape, but the appellant has refused to consider those suggestions or to retain professionals who might be able to work with the suggestions or to provide alternatives. The Commission has reluctantly accepted numerous changes that were made to an approved project by the applicant without Commission approval, but the hatdscape unnecessarily imposes on the neighborhood and diminishes the design of the home to such a point that the Commission would never have approved such a project in the inception. The City Council hereby denies the appeal and affirms the Planning Commission's February 25, 2008 denial without prejudice of the application for Amendment to Design Review for 3066 Hillside Drive, based upon the Commission's findings that the applicant has not worked cooperatively with the Commission to arrive at an agreeable solution concerning the unacceptable and excessive amount of paving in the front yard area. Findings for the City Council's action are as set forth in the minutes and recording of the City Council meeting of May 5, 2008. The Planning Commission's conditions of approval of the original project, absent the amendment requested by the applicant, and including additional conditioning by the City Council on May 5, 2008, are as set forth in Exhibit "A" attached hereto. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. ZA, hn. OAt�_ Mayor I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoin resolution was introduced and adopted at a regular meeting of the City Council held on the 51? day of May, 2008 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Baylock, Deal, Keighran, O'Mahony Nagel None ity Clerk J hereby certify this to be. a full, true anal correct copy of th^ _,- it Purports to be -- J :rhich is on file in my Dated: xty Cle City of ' rlingapMe- K EXHIBIT A CONDITIONS OF APPROVAL 3066 Hillside Drive that the project shall be built as shown on the plans submitted to the Planning Department date stamped October 25, 2007, site plan and proposed elevations; and date stamped July 11, 2006, floor plans, roof plan, existing elevations, site section, and topographic survey and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; and that all windows shall be simulated true divided light windows with three dimensional wood mullions; 2. that the boundary of the driveway shall be restored back to what existed originally on the property. The applicant shall remove concrete to the 3. that upon the completion of the construction and prior to approval of the final inspection, Planning Division staff shall provide an FYI to the Planning Commission summarizing the final construction; 4. that the applicant shall retain the original front porch without a clear -story, triangular window over the front door; 5. that the conditions of the City Engineer's, Chief Building Official's, Recycling Specialist's, Fire Marshal's and NPDES Coordinator's April 24, 2006 memos, and the City Arborist's April 26, 2006 memo shall be met; 6. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 7. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 8. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 9. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 10. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 11. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 13. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; and 14. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance.